Appeals Court – Unpublished

Where a plaintiff tenant was injured while taking out his trash, a judgment for the defendant landlords must be affirmed because the tenant has identified no error in the jury instructions. “The plaintiff, Kenneth Wayne Hill, rented an apartment from ...

Where a judge allowed a motion for a directed verdict filed by a defendant attorney in a suit brought by a former client, the judgment must be amended to add nominal damages of $1. “The plaintiff, [Raymond] Janisch, retained the ...

Where police executed a search warrant that lacked probable cause to place a global positioning system tracking device on the defendant’s car, the resulting evidence was properly suppressed, as the defendant’s flight and discarding of drugs did not support the ...

Where a plaintiff was awarded $230,000 but his G.L.c. 93A count was dismissed, the judgment must be affirmed, as (1) the dismissal of the 93A claim was proper given the statute’s inapplicability to partnerships, (2) on the remaining claims, the ...

Where a jury found for defendants on an intentional interference counterclaim, the plaintiffs should have been awarded judgment notwithstanding the verdict, as the evidence of causation was insufficient to support the verdict. “These companion cases arose out of the acrimonious ...

The Appeals Court has affirmed, pursuant to Rule 1:28, judgments in the following cases. Although the decisions do not appear to address any substantive issues of law, the full text of each decision may be ordered using the appropriate “Lawyers ...

Where a Probate & Family Court judge modified the terms of a couple’s divorce, the order must be reversed because (1) the judge failed to properly weigh the statutory factors in ordering the husband to pay a percentage of his ...

Where officers arrested a driver who possessed a concealed weapon after a housebreak, public safety concerns justified towing the vehicle for an inventory search without first determining if the driver’s father was available to take custody of the vehicle. Order ...

Where a union member was suspended for abusing his office as a police officer by threatening his friend’s tenant with eviction and deportation, the city of Waltham violated the parties’ collective bargaining agreement by placing the officer on an excessive ...

Where a Superior Court judge allowed a defendant’s motion to receive credit for time served, the order must be reversed according to Commonwealth v. Holmes, 469 Mass. 1010 (2014). “… The credit applied in this case was based upon ‘dead ...